Ordinance
112 - Healthcare Quality Assurance
Formation
Objectives
Establishment of Health Commission
Authority and Operations
Clinic Management
Section
1.1 Purpose
This ordinance
establishes the Tulalip Indian Health Clinic (“TIHC”) as an
arm of the Tulalip Tribes of Washington (hereinafter “The Tribes”),
to provide health-related services in a clinic setting to members of
the Tribes, to other Indians who are eligible for health services from
the Indian Health Service, and to members of the Tulalip and surrounding
communities.
The primary
objective of the TIHC is to provide for the health care needs of Tulalip
tribal members. It is intended that revenue generated by the TIHC shall
be utilized for the essential governmental purpose of meeting the unmet
health care needs of Tulalip Tribal members.
Section 1.2 Jurisdiction And Applicable Law
The TIHC
and this Ordinance are created pursuant to the inherent sovereign authority
of the Tulalip Tribes over the Tribes internal affairs, as expressed
through tribal law and regulations. The TIHC through this Ordinance
is created as an integral branch of the Tulalip tribal government to
serve the health care needs of Tulalip tribal members and such other
persons as the Tulalip Board of Directors authorizes, or as required
by applicable Federal Law.
The laws
of the Tulalip Tribes and this Ordinance shall control the resolution
of all matters arising out of the operation of the TIHC, unless otherwise
controlled by Federal law.
Nothing
in this section or Ordinance shall be construed as consent to the payment
of any fees, taxes of levies not otherwise payable, or as consent to
the imposition of any State or Federal regulations not otherwise applicable,
or as consent to the waiver of the sovereign immunity of the Tulalip
Tribes or the TIHC except as specifically set forth herein.
FORMATION
Section 1.3 Name
The official
name of the health clinic established by this Ordinance shall be the
"Tulalip Indian Health Clinic" and is referred to in this
Ordinance as the "TIHC".
Section 1.4 Location
The TIHC
is located in the community of Tulalip, Washington, on land owned by
the Tulalip Tribes or by another Tribal entity.
Section 1.2 Definitions
Unless
otherwise indicated, the following terms shall have the meanings indicated:
(a) “Tribes”
means the Tulalip Tribes of Indians of Washington.
(b) “Board”
means the Tulalip Tribes Board of Directors.
(c) “Commission”
means the Health Commission created by this Ordinance to govern the
operations of the TIHC.
(d) “Reservation”
means the Tulalip Indian Reservation, provided that for purposes of
health services to individual Tulalip tribal members, reservation
refers to the service area of the Tribes.
(e) “Service
Area” means the county in which Tulalip tribal members are entitled
to federal benefits and services regardless of whether they are within
the boundaries of the Indian reservation. This county is Snohomish
County excluding the townships of Arlington and Darington.
(f) “Administrative
Officer” means the person responsible for administrative operation
of the TIHC.
(g) “Clinical
Director" means the physician or physicians responsible for health
care delivery at the TIHC.
(h) “Contracting
Entity” means an organization comprised of physicians or a group
of physicians with whom the Tulalip Tribes or TIHC contracts to provide
physician services at the TIHC and to provide the position of Clinical
Director of the TIHC.
OBJECTIVES
Section 1.6 General
The objectives
of the TIHC include as follows:
(a) To
provide direct health care services to Tulalip tribal members and
other IHS-eligible clients who present themselves at the TIHC for
treatment;
(b) To
provide gatekeeper referral services to the Tulalip tribal members
being served by IHS contract care;
(c) To
provide fee-based health care services to the people of the community
of the Tulalip Tribes and the surrounding area;
(d) To
generate revenue for the Tribe's Health Department for supplemental
health care services for Tulalip Tribal members;
(e) To
house health-related programs and services of the Tribe as space is
available;
(f) To
provide other services as directed by the Health Commission and approved
by the Tulalip Tribes.
Section 1.7 Treatment by Indian Doctors or Spiritual Means
None of
the laws of this Reservation regulating the practice of medicine or
healing shall be construed to interfere with treatment by prayer, or
with any person who administers to or treats the sick or suffering by
mental or spiritual means, nor shall any person who selects such treatment
for the cure of disease be compelled to submit to any form of medical
treatment, except in the case of a dangerous communicable disease, nor
any person be removed to any isolation hospital without their consent,
except in the case of a dangerous communicable disease.
The Healer
must report all cases coming to him for treatment to the Board of Health,
and instruct the patient to submit to examination only that the nature
of the disease may be ascertained and if quarantine or isolation is
necessary, that it may be carried out in accordance with the Public
Health laws.
ESTABLISHMENT OF HEALTH COMMISSION
Section 1.8 General
The TIHC
shall be operated and managed by the Health Commission, subject to any
restrictions contained in Federal or Tribal law, the Health Commission
shall have the authority to do whatever is necessary, expedient or advisable
to carry out the objectives of the TIHC and the provisions of this Ordinance.
The TIHC may utilize its resources to negotiate and execute Contract,
enter into formal agreements with the Tribes, the Federal Government
or other entities and businesses, and exercise such other authority
not inconsistent with this Ordinance or applicable law necessary to
conduct the affairs of the TIHC.
Section 1.9 Health Commission
(a) Members.
There is established a Health Commission composed of seven (7) members
to operate and manage the TIHC. Members of the Health Commission shall
be appointed by the Chairman of the Board, subject to the approval
of the Board of Directors, for a term of three (3) years. The Health
Commission shall consist of the following seven positions:
(1)
the CEO of the Tulalip Tribes;
(2)
a representative of the Board of Directors of the Tulalip Tribes;
(3)
two community members who are TIHC clients and are members of the
Tulalip Tribes;
(4)
a health care administrator;
(5)
a physician;
(6)
a person with experience in financial affairs, such as a banker
or a CPA.
The Director
of the Health Quality Assurance Department of the Tribes shall be
an ex officio member of the Health Commission without a vote. Position
numbers two and three above shall be restricted to enrolled members
of the Tribes. No member of the Commission shall be an employee of
the TIHC or the Health Quality Assurance Department with the exception
of the Director to the capacity as stated above.
(b) Appointment.
When the Health Commission is first appointed, two (2) members shall
appointed for a term of one (1) year, two (2) members shall be appointed
for a term of two years, and three (3) members shall be appointed
for a term of three (3) years, except the CEO shall be a permanent
member of the Commission, and the Board representative's position
shall be for the period of his or her term.
Appointments
to fill a vacancy caused by other than expiration of a member's regular
shall be only for the unexpired part of the term.
Health
Commission members shall be eligible for reappointment. Any person
interested in being a Health Commission member shall submit a written
application to the Health Commission or the Board.
(c) Election
of Officer. The Health Commission shall each year elect a chairperson,
a vicechair and a secretary from its membership.
(d) Number
of Health Commission members. The number of Commission members may
increased or decreased from time to time by amendment to the Ordinance.
No decrease in the number of Commission members shall shorten the
term of office of any incumbent member.
(e) Resignation.
With the exception of the CEO, who may resign his or her position
as Commission member only by resigning as CEO of the Tulalip Tribes,
a Commission member may resign at any time, either by oral tender
of resignation at any meeting of the Commission, or by giving written
notice of resignation to the Commission Chairperson or to the Chairman
of the Board. Resignation shall be ineffective at the time specified
and unless otherwise indicated, acceptance by the Commission or Board
shall not be necessary to make it effective.
(f) Removal.
The Commission, by affirmative vote of five (5) of the seven (7) Board
members, may suspend or expel any member of the Commission for cause
after proper notice and hearing at any regularly constituted meeting
of the commission, except for the CEO. The CEO is removed from the
Commission only if terminated from his or her position as the CEO
of the Tribes by the Board. Failure of a Commission member to attend
three (3) consecutive regularly scheduled meetings of the Commission
without notice to the Commission and approval by the Commission chair,
shall constitute cause for removal
(g) Vacancy.
Any vacancy occurring in the Commission, and/or any increase in membership
of the Commission seats made by the Commission shall be filled by
the Board with recommendations from the Commission.. A Commission
member appointed to fill a vacancy shall serve the unexpired term
of his or her predecessor. Vacancies shall be filled within sixty
(60) days. An increase in Commission membership shall provide that
a majority of Commission members shall be Tulalip Tribal members.
(h) Conflicts.
No member of the Board or the Commission shall be employed by the
TIHC in any capacity, nor shall they enter into any contracts or agreement
to provide goods or services to the TIHC or have an interest in any
business enterprise or profit agreement. This section may be waived
by resolution of the Board authorizing a specific person to serve
on the Commission. Any member of the Commission who has a financial
interest, either direct or indirect, in any decision, vote, or other
action taken by the Commission shall recuse him or herself from the
Commission’s discussion of such action, and shall not vote or
participate in any decision on such action.
AUTHORITY AND OPERATIONS
Section 1.10 Operations of The Health Commission
(a) Management
Responsibility. The Commission through the establishment of policies
and guidelines shall manage the affairs of the TIHC. The Commission
shall answer directly to the Board.
(b) Powers
and Duties.
(1)
The Commission shall establish or modify job descriptions for the
positions of Clinical Director and Administrative Officer of the
TIHC.
(2)
The Commission shall approve the establishment of assistant clinical
director or administrative officer positions by either the Clinical
Director of the Administrative Officer.
(3)
The Commission shall have the power to enact administrative rules
and regulations pursuant to ordinances and resolutions of the Tulalip
Tribes.
(4)
The Commission shall review and send all contracts related to operation
of the TIHC to the Tulalip Tribes legal department for approval,
prior to their submission to the Board, and shall oversee the administration
of such contracts.
(5)
The Commission shall administer any contract between the Tribes
and an outside entity to provide physician services and the position
of Clinical Director to the TIHC. The Commission shall have authority
to modify, reauthorize and renegotiate any such contract, or a new
contract, with review and approval by the Tulalip Tribes legal department
and then the Board. The Commission shall have authority to remove
or terminate the services of the Clinical Director pursuant to the
terms of any such contract and this Ordinance. The Commission shall
have authority to initiate termination of any such contract for
cause, with the final decision on termination to be approved by
the Board.
(6)
The Commission shall review all procurements and subcontracts in
excess of $10,000.00.
(7)
The Commission shall develop and make health policy recommendations
concerning the TIHC. The Health Quality Assurance Director is responsible
for developing and implementing health policy for the Tribes and
its members, and any recommendations developed by the Commission
relating to the TIHC shall be reviewed by the Tulalip Tribes legal
department and the Health Quality Assurance Director, and incorporated
into the Director's overall policy recommendations.
(8)
The Commission shall review administrative systems for the TIHC.
(9)
The Commission shall review and any changes or modifications to
the organizational structure of the TIHC, and shall make and recommend
changes in the operations of the TIHC.
(c) Meetings.
(1)
Regular Meetings. Regular meetings of the Commission shall be held
at such times and as often as necessary; provided that the Commission
shall meet on at least a quarterly basis. Notice of regular meetings
of the Commission shall be received by Commission members at least
forty-eight (48) hours in advance of the meeting date, shall be
made orally or in writing, and shall state the time, date, place
and agenda of the meeting.
Any
Commission member actually present at a regular meeting shall be
deemed to have waived any defects in satisfying the notice requirements
of this section, unless the presence of such Health Board member
is only for the purpose of objecting to the transaction of any business
because the regular meeting has not been properly raised or convened.
The
Commission may discuss, but not decide, any item raised at a regular
meeting for which proper notice has not been given to members. This
provision may be waived only unanimous consent of all seven (7)
members at any regular meeting of the Board.
(2)
Special Meetings. Special meetings of the Commission may be called
by, or at the request of the Chairperson of the Commission or any
two (2) Commission members, and shall be held at the TIHC or at
such other location as the Board may decide.
Notice
of any special meeting of the Commission shall be given at least
forty-eight (48) hours previous to the proposed special meeting
time by written notice delivered personally or sent by mail or facsimile
to each member at his or her address of record. A Commission member
may waive notice of any such meeting. Attendance at a special meeting
shall constitute waiver of notice for such meeting, except if a
Commission member attends such meeting only for the purpose of objecting
to transaction of any business on the grounds that the meeting was
not properly called or convened.
Only
agenda items specified in the special meeting notice may be decided
at a special meeting. Other items may be discussed but not decided
unless all members are present and waive the notice requirement.
(3)
Quorum. A quorum for the transaction of business at any meeting
shall be a majority of the members established by this Ordinance.
In the absence of any Commissioner, a quorum may select another
Commission member to preside over a regular or special the Commission
by majority vote of the members present.
(4)
Health Commission Decisions. The act(s) of a majority of the members
present at any which a quorum is present shall be the act(s) of
the Commission unless a greater number is required by this Ordinance
or applicable laws or regulations. Each member of the Commission,
including the Chairperson, shall be entitled to one (1) vote.
(5)
Compensation. Health Commission members shall receive a stipend
for each regularly scheduled meeting of the Commission that the
Commissioner attends. Said stipend shall not exceed one and a quarter
times the combined monthly base rates for mileage, per diem, or
other costs, Commission shall establish prevailing government rates
for mileage, per diem, or other costs, incurred while on approved
Commission business which are consistent with the policy of the
Tribes, and subject to the availability of funds within the TIHC.
(6)
Accountability. The Commission shall be responsible to the members
of the Tulalip Tribes and shall provide such reports of its activities
as are required by the Board of Directors.
(d) Officers.
(1)
Officers. The officers shall consist of a Chairperson, a Vice-Chairperson,
and a treasurer, each of whom shall be elected by the Commission.
The Commission may elect other officers and assistant officers as
may be deemed necessary. Any two (2) or more offices may be held
by the same person, except those of Chairperson and Secretary /
Treasurer.
(2)
Election and Term of Office. The officers shall be elected annually
by the Board. Each officer shall hold office until his or her successor
has been duly elected and has accepted office, until his or her
death, or until he or she shall resign or has been removed in a
manner set forth herein.
(3)
Removal. Any officer elected or appointed by the Commission may
be removed by the Commission or the Board when ever in its judgment,
the best interest of Tribes would thereby be served. No officer
removed under this provision shall have the right to appeal to any
forum.
(4)
Vacancies. A vacancy in any office because of death, resignation,
removal, disqualification or otherwise, may be filled by the Commission
for the unexpired portion of the term.
(5)
Chairperson of the Commission. If present, the Chairperson shall
preside at the meetings of the Commission. He or she shall sign,
with the Secretary or any other officer authorized by the Commission,
any contract or other instrument which the Commission has authorized
to be executed. The Chairperson shall perform such other duties
as from time to time may be prescribed by the Commission.
(6)
Vice-Chairperson. In the absence of the Chairperson or in the event
of his or her death, inability, or refusal to act, the Vice-Chairperson
shall perform the duties of the Chairperson, and when so acting
the Vice-Chairperson shall perform such other duties as from time
to time may be prescribed by the Chairperson or the Commission.
(7)
Secretary / Treasurer. The Secretary / Treasurer shall perform or
cause to be performed the following duties.
(A)
Keeping minutes in one or more books provided for that purpose;
(B) Insuring all notices are duly given;
(B)
Maintaining all Commission records.
(C)
Attesting to authorized signatures;
(D)
Maintaining and accounting for all funds and securities;
(E)
Receiving and giving receipts for monies due and payable;
(F)
Depositing all such monies in the name of the Tulalip Indian Health
Commission in such depositories as may be selected;
(G)
And in general performing all duties as may be prescribed.
(8)
Compensation. Officers of the Commission shall receive per diem
and expenses while employed in their official duties at amounts
set by the Board. Such expenses shall be expenses of the TIHC. Tribal
employees who are on the Health Commission shall not be compensated
except as provided for in Tribal compensation policies. The CEO
and Health Quality Assurance Department Director shall serve on
the Health Commission as part of their official job responsibilities.
CLINIC MANAGEMENT
Section 1.11 Role of the Health Quality Assurance Department Director
(a) The
Director of the Tulalip Health Quality Assurance Department shall
be an ex officio member of the Health Commission for the purpose of
advising the Commission on matters of Tribal health policy.
(b) The
Director oversees any and all Tulalip Tribes' healthcare and mental
healthcare provider's licensing including but not limited to ensuring
active licenses and the required continuing education.
(c) The
Director deals with consumer/patient complaints about the TIHC and/or
other health related agency's such as Family Services and the Youth
Hope House and/or those agency employees. The Director will submit
all TIHC complaints to the Commission who will then submit recommendation
for resolution of the issue to the Director. The Director will either
follow the Commission's recommendations or submit a determination
of his own with reasons explaining why the Commission's recommendations
were not followed in full.
(d) The
Administrative Officer of the TIHC shall be a Tribal employee, and
the Health Quality Assurance Department Director is the Administrative
Officer's immediate supervisor in the Tribal personnel structure.
The Health Quality Assurance Department Director shall be responsible
for supervising the Administrative Officer. The Health Quality Assurance
Department Director shall report to the Health Commission as requested
on administrative operations of the Commission.
(e) The
Health Quality Assurance Department Director is a Tribal employee
and is not subject to direct control by or accountability to the Health
Commission. Any complaints about the performance of the Director or
with regard to the TIHC shall be processed according to the Tulalip
Human Resource Ordinance 84.
Section 1.12 Administrative Officer
(a) The
Administrative Officer shall be a Tulalip Tribal employee, and shall
be subject to the hiring, firing, and personnel procedures of the
Tulalip Human Resource Ordinance. The Administrative Officer shall
not be subject to hiring, firing or disciplinary action by the Health
Commission.
(b) The
Administrative Officer shall be responsible for the administrative
operation of the TIHC, and for supervision of non-medical Tribal employees
and contract employees at the TIHC, The Administrative Officer shall
report directly to the Health Commission on administrative operations
of the TIHC. The Administrative Officer shall also report on the operation
of the TIHC to the Tulalip Health Compliance Department Director.
(c) Any
complaints by the Health Commission about the performance of the Administrative
Officer shall be processed according to the Tulalip Human Resource
Ordinance. The Health Commission shall be responsible for operations
of the TIHC, and shall have authority to give the Administrative Officer
direction on TIHC operation issues.
Section 1.13 Clinical Director
(a) The
Clinical Director shall be a Board-certified or Board-eligible physician(s),
and shall work under contract to the TIHC. The Clinical Director shall
be subject to supervision of the Health Commission, and the Commission
shall have hiring and ruing authority over the position of Clinical
Director.
(b) The
initial Clinical Director(s) shall be appointed by the Tulalip Board
of Directors. Thereafter, the Clinical Director shall be appointed
by majority vote of the Health Board.
The Clinical
Director shall serve until termination, resignation, or until termination
of any contract with an entity contracting with the Tulalip Tribes
to provide Clinical Director services to the TIHC.
The position
of Clinical Director shall be provided by contract with an entity
comprised of or controlled by Board certified or Board-eligible physicians.
The Clinical Director position is an independent contractor and shall
not be considered an employee of the Tulalip Tribes. The Clinical
Director shall have none of the rights and responsibilities of Tulalip
Tribal employee, and shall not be entitled to any of the benefits
of Tulalip Tribal employees. The Clinical Director shall only have
those rights and benefits specifically agreed to in any contract between
the Tulalip Tribes and any entity providing a Clinical Director to
the TIHC. The Health Commission shall have authority to modify or
change any such contract upon negotiation and agreement with the contracting
entity, and to provide other benefits to the Clinical Director.
(c) The
Clinical Director may be removed for cause by a vote of five (5) members
of the Commission, after proper notice and a hearing conducted a regularly
scheduled meeting of the Commission. Removal of the Clinical Director
may be subject to limitations contained within any contract between
the Tulalip Tribes and any entity to provide a Clinical Director to
the TIHC. In the event of a conflict between specifications of any
such contract and this Ordinance, the contract shall prevail.
The Clinical
Director may resign upon oral or written notice to the Health Commission
at a regularly scheduled meeting of the Health Commission, or upon
written notice to the Commission Chairperson. Such resignation shall
be effective as indicated, and approval of the Commissions or Commission
Chairperson is not necessary to effectuate such resignation. Resignation
of the Clinical Director shall be effective only upon termination
of employment of the physician(s) serving as Clinical Director from
the entity providing Clinical Director services to the TIHC, except
as otherwise mutually agreed upon by the Health Commission and such
entity.
It shall
be the responsibility of the Health Commission, in conjunction with
any entity contracting with Tulalip Tribes to provide Clinical Director
services to the TIHC, to recruit and fill any vacancy in the position
of Clinical Director. The term of employment of a replacement Clinical
Director shall be the remaining length of any contract between the
Tulalip Tribes and such entity. Hiring of a replacement Clinical Director
shall be subject to the approval of the Health Commission, which shall
not be unreasonably withheld.
(d) The
Clinical Director shall report directly to the Health Commission on
health care delivery matters. The Clinical Director shall be responsible
for supervising medical employees of the TIHC on health care delivery
issues. The Clinical Director shall report to the Tulalip Compliance
Department Director on health care delivery issues involving the TIHC,
but shall not be subject to supervision by the Compliance Department
Director.
In the
event of conflict between the Administrative Officer and the Clinical
Director with regard to supervision of a TIHC employee, such conflict
shall be resolved by the Health Commission.
(e) Personnel
issues involving TIHC employees shall be the responsibility of the
Administrative Officer. The Clinical Director shall refer personnel
issues involving TIHC employees to the Administrative Officer for
resolution.
Section 1.14 Budgets; Contracts; Records; Miscellaneous
(a) Contracts.
The Health Commission may authorize the Administrative Officer to
enter into contracts in the name of the TIHC or to execute and deliver
any instrument in the name of the TIHC to accomplish the goals set
out in this Ordinance.
(b) Budgets.
The Administrative Officer of the TIHC shall prepare an annual budget
covering anticipated operations of the TIHC in conjunction with the
Clinical Director and the Tulalip Health Compliance Department Director.
The budget shall be approved and adopted by the Health Commission.
The initial budget of the TIHC shall cover the period remaining in
the calendar year.
(c) Bank
Accounts. The TIHC shall maintain separate bank accounts as designated
by the Commission.
(d) Cheques,
Drafts or Orders. All cheques, drafts or orders for payment of money,
notes, other evidence of indebtedness issued in the name of the TIHC
shall be signed by the Administrative Officer and / or duly authorized
agent or officer of the Health Commission in such manner as may be
determined from time to time by the Health Commission.
(e) Financial
Commitments. Financial commitments in excess of $10,000.00 shall not
be effective until approved by resolution of the Health Commission.
In no event shall any security agreement, contract or other financial
agreement obligate the Tulalip Tribes to pay any financial commitments
of the TIHC.
(f) Records
and Accounts. Separate accounting records for the TIHC shall be maintained
in accordance with a system, and in a manner satisfactory to the Health
Commission. A monthly trial balance shall be prepared from the general
ledger and copies shall be furnished to the Health Commission.
(g) Audits
and Reports. The accounts of the TIHC shall be audited annually at
the close of the fiscal year at the expense of the TIHC. Annual reports
will be submitted to the Tulalip Board of Directors. The audit will
be performed by a Certified Public Accountant selected by the Health
Commission, and conducted according to all applicable federal requirements.
(h) Insurance.
Insurance on property owned or used by the TIHC, or on property in
which the TIHC has any financial interest, shall be in amounts and
types of coverage specified by the Tribe.
(i) Fiscal
Year. The fiscal year of the TIHC shall be the calendar year, unless
otherwise directed by the Tribe.
(j) Petty
Cash Fund. A petty cash fund is authorized to be established for the
TIHC in the amount of $1,000.00. This amount may be increased subject
to approval of the Health Commission. This fund may be used to pay
small expenses and obligations of the TIHC when it is not feasible
to pay by cheque drawn on the official depository of the TIHC in the
amount of submitted receipts, vouchers, or statements signed by the
payee or by proof of expenditure. Petty cash reimbursement vouchers
shall be certified by the Administrative Officer.
(k) Indemnification.
The Tulalip Board of Directors shall indemnify and hold harmless each
of the members of the Health Commission (whether or not then a current
member) and his or her executor, administrator and heirs against any
judgment or expenses actually and reasonably incurred in connection
with any action, suit or proceeding in which he or she is made a party
by reason of being or having been a Commission member. A Health Commission
member shall have no right to reimbursement or indemnification in
relation to matters in which he or she has been adjudged by such action,
suit or proceeding to be liable for willful misconduct or fraud in
the performance of duties as a Health Commission member. The right
to indemnification for liability and expense also shall apply to actions,
suits or proceedings which are compromised or settled if the court
having jurisdiction of the matter shall approve such settlement.
Section 1.15 Distribution of Revenue
It is anticipated
that operational expenses of the TIHC shall be covered on an annual
basis through contract with the Indian Health Service. One of the objectives
of the TIHC is to provide fee-for-service health related services to
the non-Indian population of the community of Tulalip and the surrounding
area who are not eligible for services under Indian Health Service regulations.
All revenues generated by the TIHC in excess of operational costs and
expenses shall be budgeted on an annual basis pursuant to Budget Procedures
Ordinance ____ and shall be designated for use for unmet health care
needs of Tulalip Tribal members. The Health Department Director shall
submit a proposed budget to use such funds, using project revenues,
on an annual basis pursuant to the time lines established in the Budget
Procedures Ordinance.
Section 1.16 Ownership of Assets
All assets
acquired by the TIHC shall belong to the TIHC as a governmental arm
of the Tulalip Tribes, and shall ultimately reside in the Tulalip Tribes.
Title to assets shall be taken in the name of the Tulalip Tribes. In
the event of dissolution, title to all assets of the TIHC shall revert
directly to the Tribes.
Section 1.17 Severability
If any
part or parts, or the application of any part, of this Chapter is held
invalid, such holding shall not affect the remaining parts of this Chapter.
The Tribal Council hereby declares that it would have passed this Chapter
even if it had known that such part or parts of application of any part
thereof would be declared invalid.
Section 1.18 Sovereign Immunity
Nothing
in this Charter shall be deemed a waiver of the sovereign immunity of
the Tulalip Tribes for any purpose whatsoever.
Section 1.19 Amendments
This Ordinance
may be recommended for amendment by a majority of the Health Commission
present at any regular or special meeting, provided that at least ten
(10) days written notice is give of the intention to consider amendment
to this Ordinance. If passed, a recommendation for amendment shall be
forwarded to the Board of Directors for approval and adoption as set
forth below.
This Ordinance
may be amended by the Board of Directors only upon a vote of two-thirds
(2/3) of the entire Board.
This Ordinance
became effective pursuant to Resolution No. 01 -164, passed by the Tulalip
Tribes Board of Directors at a meeting held in Tulalip, WA on May 5,
2001.
--------------------------
Legislative
History
Adopted
by Reso. 01 -164, Laws of May 5, 2001.
Approved,
May 24, 2001, Superintendent, Puget Sound Agency
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